Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Refresher mobile application (the “App”) developed and published by OverX AI (“we,” “us,” or “our”). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

• “App” means the Refresher mobile application available on the Apple App Store, including all updates and new versions.
• “Content” means all text, graphics, animations, audio, video, and other materials provided through the App.
• “Services” means the App and any associated website at refresher.overx.ai.
• “User,” “you,” or “your” refers to any individual who downloads, installs, or uses the App.
• “Subscription” means any paid in-app purchase or recurring subscription plan offered within the App.
• “Country of Residence” means the country associated with your Apple ID or in which you primarily reside.
• “Dispute” means any dispute, claim, or controversy between you and OverX AI relating to the App, the Services, or these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.

You must be at least 13 years of age (or the minimum age required in your jurisdiction) to use the App. If you are under the age of 18 (or the age of legal majority in your jurisdiction), you may use the App only with the consent of a parent or legal guardian who agrees to these Terms on your behalf.

By using the App, you represent and warrant that you meet the eligibility requirements set forth in this section. If you do not meet these requirements, you must not access or use the App.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on Apple-branded devices that you own or control, for your personal, non-commercial use. This license is also subject to the Usage Rules set forth in the Apple Media Services Terms and Conditions.

You agree that you will not, and will not permit any third party to, engage in any of the following prohibited conduct in connection with the App or Services:

(a) Reverse Engineering and Tampering

• Reverse engineer, decompile, disassemble, or attempt to extract the source code of the App.
• Modify, adapt, translate, or create derivative works based on the App or any Content.
• Remove, alter, or obscure any proprietary notices, labels, or marks on the App.
• Circumvent, disable, or interfere with any security, digital rights management, or access-control features of the App.

(b) Unauthorized Use

• Use the App for any unlawful purpose or in violation of any applicable laws or regulations.
• Copy, distribute, sell, lease, sublicense, or otherwise transfer the App or any Content to any third party.
• Use the App for any commercial purpose without our prior written consent.
• Attempt to gain unauthorized access to any systems, networks, or data connected to the App.

(c) Abuse and Interference

• Use automated scripts, bots, crawlers, or other means to interact with the App.
• Use the App in any manner that could damage, disable, overburden, or impair the App or interfere with any other party’s use.
• Introduce any malware, virus, worm, Trojan horse, or other harmful code into the App.

Violation of any of the foregoing may result in immediate termination of your license and access to the App, in addition to any other remedies available to us at law or in equity.

The breathing techniques offered in the App, including the Wim Hof method, Box Breathing, 4-7-8 Breathing, and Coherent Breathing, are presented for informational and wellness purposes. You acknowledge and agree that:

• The App is not a substitute for professional medical advice, diagnosis, or treatment.
• You should consult a qualified healthcare professional before beginning any breathing practice, particularly if you have cardiovascular conditions, respiratory conditions, epilepsy, are pregnant, or have any other medical concern.
• Certain breathing techniques, including the Wim Hof method, involve controlled hyperventilation and should never be practiced while driving, swimming, bathing, or in any situation where loss of consciousness could result in injury or death.
• You use the App and perform any breathing exercises entirely at your own risk.
• We are not responsible for any health outcomes, adverse effects, injuries, or damages resulting from your use of the App or the techniques described within it.

Refresher may offer premium features through in-app purchases or subscriptions. All purchases are processed by Apple through the App Store and are subject to Apple’s payment terms.

• Pricing: All prices are displayed in the App and may vary by region. Prices include applicable taxes as determined by Apple.
• Subscriptions: If the App offers auto-renewable subscriptions, they will automatically renew at the end of each subscription period unless you cancel at least 24 hours before the end of the current period.
• Cancellation: You may manage and cancel subscriptions through your Apple ID account settings. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused portions of a subscription period.
• Refunds: All purchases are processed by Apple. Refund requests must be directed to Apple in accordance with their refund policy.
• Free Trials: If a free trial is offered, it will automatically convert to a paid subscription at the end of the trial period unless you cancel before the trial expires.
• Price Changes: We may change subscription prices from time to time. Any price change will take effect at the start of the next subscription period following notice of the price change. Your continued use of the App after the price change takes effect constitutes your agreement to pay the new price.

You are responsible for all charges incurred through your Apple ID, including any applicable taxes. We do not receive, process, or store any payment information.

The App, including all Content, design, graphics, animations, audio, code, and the Refresher brand, is the exclusive property of OverX AI and is protected by copyright, trademark, and other intellectual property laws. The Refresher name, logo, and associated visual identity are trademarks of OverX AI.

Nothing in these Terms grants you any right, title, or interest in our intellectual property except the limited license granted in Section 3. All rights not expressly granted herein are reserved by OverX AI.

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Refresher is designed with a privacy-first architecture. Most user data is stored locally on your device or in your private iCloud account. We collect limited anonymous analytics to improve the app and use RevenueCat for subscription management. For full details, see our Privacy Policy.

If you choose to enable HealthKit integration, the App may write mindfulness session data and breathing workouts to Apple Health. The Apple Watch companion app may also read heart rate data during active sessions to provide real-time biofeedback. All HealthKit access is optional and user-controlled — you can grant or revoke permissions at any time in your device’s Settings. In accordance with Apple’s HealthKit guidelines:

• We do not use HealthKit data for advertising or marketing purposes.
• We do not disclose HealthKit data to third parties.
• We do not sell HealthKit data.
• Heart rate data is read during active breathing sessions to provide real-time biofeedback. Refresher permanently stores heart rate metrics (minimum, maximum, average, samples, and timeline data) on your device using SwiftData, synced to iCloud if enabled. Heart rate data is never sent to our analytics servers or any third party.

We reserve the right to modify, suspend, or discontinue the App (or any part thereof) at any time, with or without notice. We may release updates to the App from time to time, which may add, modify, or remove features. You are not obligated to install updates, but certain features may require the latest version of the App. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the App.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT ANY SPECIFIC HEALTH OUTCOMES FROM USING THE APP.

If your Country of Residence is in the European Economic Area or the United Kingdom, nothing in this section excludes or limits any warranty implied by law that it would be unlawful to exclude or limit. Nothing in these Terms affects your statutory rights as a consumer under the applicable laws of your Country of Residence.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OVERX AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to, use of, or inability to use the App;
• Any conduct or content of any third party related to the App;
• Any health effects, adverse reactions, or injuries resulting from performing breathing exercises guided by the App;
• Unauthorized access to or alteration of your data;
• Any other matter relating to the App.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY US DOLLARS ($50).

If your Country of Residence is in the European Economic Area or the United Kingdom, nothing in this section excludes or limits liability for (i) death or personal injury caused by negligence, (ii) fraud or fraudulent misrepresentation, or (iii) any liability that cannot be excluded or limited under applicable law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE OVERX AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO ANY HEALTH EFFECTS, ADVERSE REACTIONS, OR INJURIES RESULTING FROM PERFORMING BREATHING EXERCISES.

You expressly waive any rights you may have under any statute or common law principle that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.

If your Country of Residence is in the European Economic Area or the United Kingdom, this release does not affect any statutory rights that cannot be waived or limited under applicable law.

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless OverX AI and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and costs) arising out of or in any way connected with:

• Your access to or use of the App;
• Your violation of these Terms;
• Your violation of any rights of a third party;
• Your violation of any applicable law, rule, or regulation.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims.

If your Country of Residence is in the European Economic Area or the United Kingdom, this section applies only to the extent permitted by the applicable laws of your Country of Residence. Nothing in this section requires you to indemnify OverX AI for any unconscionable commercial practice or any fraud, deception, false promise, or misrepresentation by OverX AI.

We may terminate or suspend your access to the App at any time, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your license to use the App will immediately cease.

You may terminate your use of the App at any time by deleting it from your device and canceling any active subscriptions through your Apple ID account settings.

The following sections shall survive any termination of these Terms: Sections 4, 5, 7, 11, 12, 13, 14, 16, and 17.

(a) Informal Resolution

Before filing any formal proceedings, you and OverX AI agree to first attempt to resolve any Dispute informally by contacting us at support@overx.ai. You agree to provide a written description of the Dispute, all relevant documents and information, and the relief sought. Both parties agree to negotiate in good faith for at least thirty (30) days from the date of receipt of the written notice.

(b) Binding Arbitration

If a Dispute cannot be resolved through informal negotiation within thirty (30) days, you and OverX AI agree that the Dispute shall be resolved through final and binding individual arbitration, rather than in court, except as set forth in subsections (e) and (f) below.

Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, which are available at www.adr.org. The arbitration will be conducted by a single neutral arbitrator. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Consumer Arbitration Rules. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, OverX AI will pay as much of the filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

(c) Class Action Waiver

YOU AND OVERX AI AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

(d) Jury Trial Waiver

YOU AND OVERX AI EACH WAIVE THE RIGHT TO A JURY TRIAL FOR ANY DISPUTE.

(e) Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for Disputes that qualify, provided the action is brought and maintained in a court located in the county of your billing address or in New Castle County, Delaware.

(f) Intellectual Property Exception

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to intellectual property rights, data security, or any actual or threatened infringement, misappropriation, or violation of a party’s intellectual property or proprietary rights.

(g) 30-Day Opt-Out Right

You have the right to opt out of this arbitration agreement. To opt out, you must send a written notice to support@overx.ai within thirty (30) days of first accepting these Terms. Your opt-out notice must include your full name, mailing address, and a clear statement that you wish to opt out of the arbitration agreement in these Terms. If you opt out, neither you nor OverX AI will be required to arbitrate Disputes, and you may pursue claims in court. Opting out of arbitration will not affect your ability to use the App.

(h) Changes to This Section

If OverX AI makes any material change to this arbitration section (other than a change to the notice address), you may reject the change by sending us written notice within thirty (30) days of the change. If you reject a material change, you agree that you will arbitrate any Dispute between us in accordance with the provisions of this section as of the date you first accepted these Terms.

If your Country of Residence is in the United States, these Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

If your Country of Residence is in the European Economic Area or the United Kingdom, these Terms shall be governed by the laws of your Country of Residence. You shall have the benefit of any mandatory provisions of the law of your Country of Residence that cannot be derogated from by agreement. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.

For all other jurisdictions, these Terms shall be governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions, to the extent not superseded by mandatory local law.

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and OverX AI regarding the App and supersede all prior or contemporaneous agreements, representations, and understandings.
• Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ original intent.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by the waiving party.
• Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be null and void.
• Force Majeure: OverX AI shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, labor disputes, government actions, power failures, Internet or telecommunications failures.
• Notices: We may provide notices to you through the App, through the email address associated with your account, or by posting on our website. Notices to us should be sent to support@overx.ai.
• Headings: Section headings are for convenience only and shall not affect the interpretation of these Terms.
• No Third-Party Beneficiaries: Except as expressly set forth in Section 19 (Apple-Specific Terms), these Terms do not confer any rights on any third party.

The following additional terms apply to your use of the App as downloaded from the Apple App Store. These terms are required by Apple and shall take precedence over any conflicting terms in this agreement to the extent required by Apple:

• These Terms are between you and OverX AI only, not with Apple Inc. (“Apple”). OverX AI, not Apple, is solely responsible for the App and its content.
• The license granted to you is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
• Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any). To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App.
• OverX AI, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App’s use of HealthKit.
• In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, OverX AI, not Apple, shall be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
• You represent and warrant that (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and (ii) you are not listed on any US Government list of prohibited or restricted parties.
• Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
• You must comply with applicable third-party terms of agreement when using the App (for example, your wireless data service agreement).

We reserve the right to update or modify these Terms at any time. Changes will be posted on this page with an updated “Last Updated” date. Material changes will be communicated through the App or via the email address associated with your account at least thirty (30) days before they take effect.

Your continued use of the App following the effective date of changes constitutes your acceptance of such changes. If you do not agree to the updated Terms, you must stop using the App and delete it from your device.

If you have questions about these Terms, please contact us:

• Developer: Yauheni Malashchytski
• Email: support@overx.ai
• Website: refresher.overx.ai